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Workplace: Sexual Harassment How to protect from false allegation / written contract

Atlanta, GA |

I work in a company. Me and my one of the employee have developed attraction for each other. I am her manager/ employer and she is my subordinate. We are planning to have consensual physical relationship with out marriage. But, my concern is if things go wrong in the future , I do not want to falsely get charged with sexual harassment and no body should able to allege that i used my position as manager/ employer to pressure her or forced her to have sexual relationship. I am thinking about having a sort of written contract which both of us will sign which will protect me from false allegation in the future. Off course I want to do it confidentially.

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Attorney answers 2


This is a very precarious situation that you are about to enter into, fraught with potential litigation if it goes sour. I would get some advice from a local employment law attorney before you do anything. The Avvo website has a "Find a Lawyer" tab to assist you in your search.

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Consensual sexual relationships do not constitute sexual harassment. When physical relationships are involved, sexual harassment is defined as making employment benefits conditioned on sex. For example, if a supervisor offered a promotion or a favored assignment in exchange for a sexual act, that would constitute sexual discrimination.

Having your subordinate sign a contract would not insulate you from getting into trouble. If your subordinate accuses you of sexual harassment, your employer can still terminate you.

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